A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On June 8, 2018, the Defendant was issued a summary order of KRW 2 million by the Seoul Western District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】 On April 12, 2020, the Defendant driven a Bsch Rexroth car under the influence of alcohol content of approximately 0.165% from the section of about 10km in the direction of about 10km to the Seoul city located in Yeongdeungpo-gu Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the state of driving under the influence of alcohol, making a report on the state of driving under the influence of alcohol, making a inquiry into the results of the control of drinking driving, making an appraisal request, and reviewing the suspect’s blood alcohol concentration

1. Criminal records as indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime again in approximately one year and ten months, even though he/she had been punished by a fine due to drinking driving, as stated in the records of the criminal records in the judgment.

The defendant's blood alcohol concentration level is high, and the distance of drunk driving is also visible.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history of punishment other than a fine imposed by the defendant.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.